Prakash Waman Wahurwagh (In Jail) vs The D.I.G. Prisons (E) (R), Nagpur ...
2016 Latest Caselaw 3448 Bom

        cwp120.16                              1




                                                                                
                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                        
                           NAGPUR BENCH, NAGPUR


                     CRIMINAL WRIT PETITION NO.120 OF 2016.




                                                       
       PETITIONER:             Prakash Waman Wahurwagh
                                  Convict No.C-3649, Central Prison,




                                           
                                  Amravati, Distt.Amravati.
                             
                                         : VERSUS :

       RESPONDENTS: 1.   The D.I.G.Prison (E)(R), District
                            
                         Nagpur.

                                  2.  The Superintendent, 
                                      Central Prison, Amravati,
      


                                      Distt.Amravati.
   



       -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
       Mr. R.G.Bagul, Advocate (appointed) for the petitioner.
       Mr.V.A.Thakare, Addl.Public Prosecutor for the State.





       =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-

                                      CORAM:      B.R.GAVAI AND 
                                                             V.M.DESHPANDE, JJ.

                                          DATED:      28th JUNE, 2016.





       ORAL JUDGMENT (Per B.R.Gavai, J.) 


       1.             Rule.     Rule   is   made   returnable   forthwith.     Heard   by










                                                                                

consent of learned counsel for both the parties.

2. By way of present Criminal Writ Petition, the petitioner

has prayed for issuance of directions to respondent no.1 to release

him on furlough leave for 14 days. The application of petitioner

for grant of furlough leave was rejected by the Competent

Authority on the ground of adverse police report that, on the last

occasion when petitioner was released on furlough leave, he was

required to be arrested by police and was brought back to the

Prison.

3. In view of decision of this Court in the case of

Murlidhar Ramchandra Bhalerao ..vs.. State of Maharashtra

and anr. reported in 2011 ALL MR (Cri) 2132 and the decision of

the Division Bench of this Court in Writ Petition No.224 of 2013

(Ramdas Vishwanath Marsinge ..vs.. The DIG Prisons (E)(R),

Nagpur and anr.) and Writ Petition No.222 of 2013 (Raju

Dhananu kosekar ..vs.. The DIG Prisons (E)(R), Nagpur and

anr.), decided on 25th of June, 2013, if the Convict is released on

furlough and he is required to be arrested for securing his

presence in the custody, he is not entitled to be released on

furlough.

4. In that view of the matter, no case is made out. Hence,

the Criminal Writ Petition is dismissed.

5. The fees to be paid to the learned counsel appointed to

represent the petitioner is quantified at Rs.1500/-.

                      JUDGE                                             JUDGE





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